Don’t Gamble with Your Future: Hire a Top Las Vegas DUI Lawyer

Should I Get a Lawyer for My DUI?

DUI arrests in Nevada can have serious impacts on your life, your driving privileges, and possibly the lives of others. A first DUI offense is punished less harshly than subsequent offenses, and DUI charges that resulted in the injury or death of another person have the most substantial penalties.

Regardless of the severity of the offense, a driving under the influence/drunk driving (DUI) conviction can have lasting consequences on your life and happens when you make the choice to drive while impaired by alcohol or drugs. If you have been charged with a DUI, you should seek the assistance of an experienced, reliable, and honest criminal defense attorney that knows every aspect of the DUI laws and can guide you to achieve the most positive outcome possible.

Hiring the Las Vegas DUI lawyers at The Defenders to handle your DUI criminal case, whether that be your first offense or not, can lead to a possible minimization of your charges, as well as diminish the damaging effects a DUI charge can possess over your life.

Many people automatically assume that because they were arrested for a DUI, that law enforcement already has enough evidence for the defendant to be found guilty of driving under the influence. Our Las Vegas criminal defense lawyers here at The Defenders, have deep experience in handling alcohol and drug-related cases. Learn what to expect during your first meeting with a lawyer for your DUI case here.

By utilizing the services of a Las Vegas criminal lawyer here at The Defenders, your charges or sentencing have the possibility of being reduced or dismissed. The Defenders in Las Vegas Nevada, have extensive experience defending DUI cases and have a variety of strategies that have been proven in court to reduce or eliminate DUI charges. Some of the strategies our lawyers in Las Vegas use in a DUI defense include:

• Investigation of the breathalyzer used during the breath test at the time of the arrest to determine whether it was functioning properly and had received consistent and proper maintenance
• Analysis of the circumstances surrounding the arrest
• Analysis of the blood test results and reanalyzing the samples to confirm the results are consistent
• Ensuring that proper protocol was completed by the arresting officer and medical staff handling your case

What Is Considered Driving Under the Influence?

In Nevada, drivers are evaluated on their blood alcohol concentration (BAC), which is the measure of alcohol within someone’s blood. This blood alcohol level must be above the legal limit to count as driving under the influence of alcohol. The legal limits for Nevada drivers are:

• .02% for drivers under 21 years old
• .04% for commercial licensed drivers
• .08% for everyone else

Driving under the influence does not only mean driving under the influence of alcohol, but can also mean you are impaired by drugs or even the combined influence of both drugs and alcohol.

When it comes to testing your BAC, it is only applicable to alcohol. When it comes to drugs, you are considered impaired for a certain amount of an illegal or prescribed substance found in your system while operating a motor vehicle, moped, or boat. Read more about driving under the influence of drugs here. 

What Penalties Do I Face With My First DUI?

With the reputation of “Sin City” and constant partying, it is no surprise that Las Vegas sees many people faced with a DUI charges. But driving while impaired by drugs or alcohol can lead to serious consequences.

In the State of Nevada, the DUI driver’s first offense will only be labeled a misdemeanor as long as the driver did not cause any deaths or serious injuries. Drivers with a first DUI arrest will be penalized in the following ways:

• Possible jail time from 2 days to 6 months or 48-96 hours of community service
• Driver’s license revocation for 90 days. A restricted license may be granted after 45 days if the DMV approves it
• Installation of a breath ignition interlock device for three years, if BAC (Blood Alcohol Concentration) exceeded 0.18 at time of the arrest. Payment for this device includes installation and monthly monitoring, all fees are paid by the defendant
• Attendance at a Nevada DUI school, paid by the defendant
• Possible order to attend a treatment program regarding substance abuse
• Mandatory fines ranging from $400-$1,000

This Is My Second DUI in Las Vegas, What Do I Do?

If this is your second DUI/DWI, your first step should be to contact The Defenders so we can lead you in the right direction. Contacting a DUI lawyer at The Defenders right away is extremely crucial for your case, especially if this is your second DUI within seven years.

Having more than one DUI offense within seven years can lead to enhanced penalties for the defendant, which is why you should contact a drunk driving lawyer in Las Vegas NV as soon as possible for your DUI defense.

When you receive a second DUI within seven years of your first charge, you are going to face magnified restrictions and consequences. These restrictions are:

• A jail or house arrest sentence for 10 days to six months
• License revocation for one year without the possibility of receiving a restricted license
• Mandatory fines ranging from $750 to $1,000
• Possibility of court-ordered substance abuse treatment or clinical supervision for one year
• Installation of a breath ignition interlock device for three years, if BAC exceeded 0.18 at the time of the arrest. Payment for this device includes installation and monthly monitoring, all fees are paid by the defendant.

What Happens After a Third DUI?

If this is your third DUI offense within the last 7 years regardless of which state you were convicted, you are at risk of being in serious trouble and are facing the possibility of serious prison time. First, you should contact The Defenders so we can lead you in the right direction and be your guide throughout this difficult path.

Our attorneys are skilled and trained in DUI laws and on DUI cases at this level. Contacting a criminal defense lawyer at The Defenders law firm in Las Vegas NV, right away is extremely crucial for your case, especially if this is your third DUI within seven years.

If you have three or more DUI convictions, it is now considered a felony. Our DUI attorneys will work vigorously to make sure that your case is fully investigated and any arresting inconsistencies are brought to the surface. Receiving a third DUI means you will now be charged with a felony.

When you receive a third DUI within seven years of your first two, you are going face magnified restrictions and consequences. These restrictions are:

• A prison sentence lasting AT LEAST one to six years
• Driver’s license revocation for 3 three years, with the possibility of a restricted license after one year
• Mandatory fines ranging from $2,000 to $5,000
• SR22 Nevada insurance requirement
• Installation of a breath ignition interlock device for one to three years. Payment for this device includes installation and monthly monitoring, all fees are paid by the defendant
• Possible requirement of attending a felony DUI court for up to 3 years along with being required to partake in substance abuse counseling and rehabilitation.

What Is a Misdemeanor DUI?

Depending on the severity of your DUI, you are usually looking at a misdemeanor conviction, which is considered to be the basic DUI charge in the state of Nevada.

If you cause a severe injury or death, a large sum of property damage, or flea the scene of an accident while driving under the influence, you will face a felony charge. If you get arrested for a DUI, whether that be your first or second, and you do not cause any injury, death, or property damage, you will be looking solely at a misdemeanor charge.

While a misdemeanor comes with lesser penalties than that of a felony DUI, you are still going to be facing hefty consequences and have the DUI recorded on your driving and criminal record.

The penalties of a misdemeanor DUI depends on whether it’s your first or second offense.

What Constitutes a Felony DUI?

There are a few reasons your DUI would be classified as a felony. These reasons are:

• You have had three DUI’s within seven years
• If you caused an accident that lead to serious injury or death
• If you have had a felony DUI before, regardless of the timeframe

Penalties for a Felony DUI

The penalties you face with a felony DUI are intensified greatly and you are facing life-changing consequences. If this is your third DUI within seven years, you are looking at a Category B Felony and the following penalties:

• A prison sentence lasting AT LEAST one to six years
• License revocation for years, with the possibility of a restricted license after 1 year
• Mandatory fines ranging from $2,000 to $5,000
• SR22 Nevada insurance requirement
• Installation of a breath ignition interlock device for one to three years. Payment for this device includes installation and monthly monitoring, all fees are paid by the defendant
• Possible requirement of attending a felony DUI court for up to five years along with being required to partake in substance abuse counseling and rehabilitation

If you have a DUI that has caused substantial injury, the penalties will include:

• DUI charged as a Category B Felony
• Fines from $2,000 to $5,000
• A prison sentence lasting two to 20 years